I am seeing some parallel positions going around right now and there is a through line to both of them that will insure that what people are seeking will never happen and I'm going to tell you all about it because why not: gather caffeine conveyance of choice and let's get it.
Position one: we who got things mildly incorrect while attempting to save the world from dying in the COVID plague deserve to be forgiven for any slightly less than thoroughly complimentary statements made during our noble attempts (I wish that was more mocking than it is).
Position II: those in positions of authority must be held accountable for what they did during COVID. And the Russian collusion fakery. And for the failure for there to be a red wave in the 2022 midterms. And for Afghanistan. And for the Patriot Act. (Add your topic here)
What possible through line is there between those positions? Both positions require that there be accountability for actions. Both those positions thus require, of necessity, that there be some agreement as for what actions people are to be held accountable. That won't happen.
The COVIDians appear to want forgiveness for saying Mean Things without any specific articulation as to what Mean Things were said. As for Position II, good luck getting any of the people from whom I want accountability to even agree something was done wrong in the first place.
Both apologies and accountability require that the person involved state directly what they did wrong. One of the steps of an actual apology is stating what harm you did. The COVIDians refuse to do that. Oh we were caught up and perhaps went a bit overboard, you know how it is.
No, you said that people who did not agree with whatever position of the day was were stupid racists who wanted grandparents to die and who did not deserve medical care and who should be left to die at the ER and who deserved to be fired. I wish I was exaggerating about that.
Unless and until there is explicit acknowledgement of what statements were made in the past, how and why those statements were wrong, and some kind of humility as to how forgiveness for those is an act of grace that is not owed, there is no actual apology. It's just mouth noises.
The same with accountability. The point of accountability is not simply vengeance, though that is not a small part of it. It's to insure that whatever happened in the past will not happen again. The point is to show those who will follow what will happen if this is done again.
Accordingly, what constitutes the this is of utmost importance. There needs to be accountability for the response to COVID! Okay. Accountability for what? What, specifically, was done wrong and why. Because without agreement on that, this will keep happening. It simply will.
We can't even get people to agree as to what occurred, let alone how it was wrong. Look at the arguments that the United States was never in lock down. I've linked people to the original documents from my state issuing stay at home orders and been told that's not a lock down.
There isn't even agreement that young children being taught, and I use that term advisedly, remotely and then being brought back to school in masks has had any kind of negative impact on their development. If there can be no agreement on that, on what can there be agreement?
No one ever said that the vaccines would prevent transmission! Here are all the statements saying the vaccine would prevent transmission. No, you misunderstood, you over interpreted, you don't know how vaccines work, that was never done, that was never said. It never happened.
This is already too long to go through the rest of the matters for which I and many others want accountability. This absolute and utter refusal by those in positions of authority to admit that maybe, just maybe, they did something less than perfect is leading us to dark places.
I don't want accountability solely because I'm a vengeful sort, though I am a vengeful sort. I want accountability because I do not want those negative consequences to occur again and thus looking at why those negative consequence occurred is absolutely vital. It's the baseline.
The dark places include people no longer trusting, justifiably, those in whom they previously trusted. I no longer trust that my personal medical providers will give me accurate advice. How can they? The information they are given is unreliable. See re: replicability crisis.
Pick a topic and it is clear that trust has been destroyed. The first step, the baby step, is for those who broke that trust to admit for what they were wrong, how they were wrong, and then to step aside. That is never going to happen. Never. May God have mercy on us all. /fin

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More from @alexthechick

Dec 22
I am extremely ambivalent about what should be done in re: Ukraine. Look, Putin is a megalomaniacal Bond villain who should be stopped if at all possible. My trust in the ability of the US State Department and, sadly, DOD to do so in a competent manner is negative trillion.
*gestures at last quarter century as to why* While I am at least moderately persuadable on some level of financial aid and *maybe* material support, the current state of argumentation by those on the more active interventionist side aspires to be abysmal. Let me help.
1. Be honest about what is going on. We are in a proxy war with Russia started by Putin for reasons best known to him. In a proxy war, it is only polite to pay the mercenaries you've hired to fight it. This has the great benefit of being true. This is what's going on.
Read 10 tweets
Dec 16
On privacy, the transformation to a low trust society, and the destruction of crowds, a cri de coeur: I take privacy issues very seriously indeed. This is due to interests that are both academic and personal. I have paid attention to this for a long time and I have thoughts:
The American legal system, both statutorily and judicially, is based upon two fundamental premises: That we are a high trust society and that an individual can disappear into the crowd. The high trust society is disappearing and the anonymity of the crowd is absolutely gone.
I am using a variant of high trust society here. By high trust society, I mean that private information (name, address, phone number, vehicle info) is nearly universally considered to be just that, private. Even when such info is in a public dbase, it is not to be shared.
Read 16 tweets
Dec 13
The point of compromising is that each side gives to reach some sort of agreement that both sides can live with. It's the old lawyer joke that it's a good settlement, both sides are pissed. The point, however, is that both sides accept that the compromise is the end of it.
Here was the issue, here is the solution. It's an imperfect solution, as it involves imperfect people, and the issue may need to be revisited in the future as situations change. For now, both sides accept the compromise and things proceed. At least that's how it's supposed to be.
The acceptance of political compromises has been in decline, if not fully it's dead, Jim, for decades and here are my morning rambles as to why that is. These are presented in no particular order and, obviously, there are additional factors. Let's get it.
Read 9 tweets
Dec 9
Let us discuss de facto repeal and how that impacts my view of discussions about the importance of supporting the GOP in order to stop the excesses of Democrat administrations, shall we? Reminder, de facto means in fact in Legal Latin, as opposed to de jure, which means in law.
What do I mean by de facto repeal? I mean laws and, for this discussion, an entire Constitutional power which have been repealed in fact, though people will sneer alex, you know those haven't been repealed. Laches isn't just a boilerplate defense, y'all. It exists for a reason.
Let's start with the passing of Continuing Resolutions to fund the Federal government instead of an actual budget. Welcome to the Congressional Budget and Impoundment Control Act - 2 USC 601-608. law.cornell.edu/uscode/text/2/… This was passed in 1974 in order to prevent *gestures*
Read 14 tweets
Dec 4
Good morning and welcome to Twitter Law School(ish). These are my first pass absolutely knee jerk reactions about stuff that's way outside my lane and based on reading summaries not original documents (I know, I know but I'm lazy) so lick that salt lick while reading. Let's go.
1. Does anyone even have a cause of action against the DNC, the Biden campaign and Twitter? Maybe and I stress maybe. I see two potential plaintiffs: the NY Post and the class of Twitter users who had accounts permanently suspended due to sharing the NY Post story. Maybe.
The claim for the suspended users is breach of contract against Twitter for violating its own TOS. The sharing hacked materials claim is admitted by Twitter itself to be so much pretext. So what's the remedy? Here's your account back. Monetary damages wouldn't be available.
Read 15 tweets
Nov 28
This morning's ramble is my attempting to provide at least a framework for a solution to the how dare you insult the base to its face and expect the base to show up how dare the "base" nominate unelectable candidates and then whine when they lose. Got your caffeine? Let's get it.
Let's step it all the way back. In a first past the post election system, two parties will develop as that is the most efficient way to allocate resources. That is how it is and how things will be. So it will be necessary for a party to have a broad coalition within it.
I'd argue that's healthy as it forces people to confront that their preferred policy positions are not actually the ones that most people want. It's still, however, a coalition and for a coalition to be successful, each part must achieve its goals, at least occasionally.
Read 17 tweets

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